Jurisprudence Commons^™

Book Review, Theodore Samore

Cleveland State Law Review

Reviewing F.S.C. Northrop, The Complexity of Legal and Ethical Experience; Studies in the Method of Normative Subjects, Little, Brown & Co., 1959

The Straw Man Of Legal Positivism, Thomas F. Broden

Journal Articles

The typical view of many lawyers, philosophers, theologians and other thoughtful persons toward a so-called school of jurisprudence generally known as legal positivism is one of condemnation. According to this typical view legal positivism is a well developed philosophy of law the main tenets of which are that might makes right and that law and state sovereignty are absolute and not subject to independent moral evaluation. Needless to say this assumed jurisprudential view is roundly indicted, deplored and declaimed against with vigor and venom. We are warned that legal positivists are insidious termites threatening the very foundation of our law, …

Natural Law And Legal Positivism, R. D. Lumb

Journal of Legal Education

No abstract provided.

Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.

Michigan Law Review

During its forty-five year life the Federal Trade Commission has gone through some difficult periods to emerge today as one of the fundamental instrumentalities of government in the regulation of business. Its vast powers and influence, well known to lawyers, will not be explored here. Rather, the purpose of this comment is to appraise the extent of control which the judiciary now exercises over the commission in its adjudicative functions, so as to offer some indication to the practitioner of the probabilities regarding the outcome of judicial review on an appeal beyond the full commission. The approach to be used …

Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, By Frederick K. Beutel, Saul Mendlovitz

Indiana Law Journal

No abstract provided.

Studies In Jurisprudence And Criminal Theory. By Jerome Hall., John E. Dunsford

Buffalo Law Review

No abstract provided.

"Overruling" Opinions In The Supreme Court, Albert P. Blaustein, Andrew H. Field

Michigan Law Review

Despite its vaunted reputation for rectitude, the United States Supreme Court has been the first to deny its own judicial infallibility. For in at least ninety decisions, dating as far back as 1810 and as recent as its 1956 Term, the Supreme Court has made public confession of error by overruling its previous determinations.

This is a study of those ninety decisions-a statistical accounting of overruling cases and cases overruled, and a listing of the judges who agreed and disagreed with what was said and done. And this is a study of the "right to be wrong" -an inquiry into …

Federal Procedure - Judgments - Finality Of Judgment Required To Begin Running Of Time For Appeal, Arnold Henson S.Ed.

Michigan Law Review

Plaintiff brought action in a federal district court to recover taxes alleged to have been illegally assessed, and for interest thereon. On April 14, 1955, after hearing plaintiff's motion for summary judgment, the district judge filed an opinion stating that the motion was granted, and finding the amount of the taxes paid, but not finding the date of payment or the amount of interest due. The clerk noted: "April 14, 1955 ... Decision rendered on motion for summary judgment. Motion granted. See opinion on file." On May 24, 1955, plaintiff submitted a formal judgment which was signed and filed by …

Studies In Jurisprudence: V, Free Man Versus His Government, Edited By Arthur L. Harding, Ivan C. Rutledge

Indiana Law Journal

No abstract provided.

Jerome Frank's Contributions To The Philosophy Of American Legal Realism, Julius Paul

Vanderbilt Law Review

Justice Holmes' famous statement that "the life of the law has not been logic: it has been experience' has had a profound effect on contemporary American jurisprudence. Holmes' monumental influence, together with the impact of positivism, American pragmatism,and more recently, psychoanalysis, have all played important roles in shaping the development of the school of American legal realism.

One of the most controversial and provocative members of this school was Jerome Frank, who was not only a prolific writer on matters legal, but also an eminent corporation lawyer, a government counsel, an administrator (a Commissioner and later Chairman of the Securities …

Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.

Michigan Law Review

In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions.

Reason And Reality In Jurisprudence, Jerome Hall

Buffalo Law Review

The James McCormick Mitchell Lectures, delivered at the University of Buffalo School of Law, March 31-April 2, 1958.

Appellate Review By Extraordinary Writ In Indiana

Indiana Law Journal

No abstract provided.

New Ideas In Legislation: Practical Jurisprudence, Moot Legislature, Law Revision Committee, Charles D. Kelso

Journal of Legal Education

No abstract provided.

New Frontiers In Jurisprudence In Canada, Edward Mcwhinney

Journal of Legal Education

No abstract provided.

Book Review. Friedrich, C. J., The Philosophy Of Law In Historical Perspective, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Depositions And Discovery - Digest Of Maryland Decisions, Christopher H. Foreman

Maryland Law Review

No abstract provided.

The Jurisprudence Of Francois Geny, Thomas J. O'Toole

Villanova Law Review (1956 - )

No abstract provided.

Beutel: Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, Samuel I. Shuman

Michigan Law Review

A Review of Some Potentialities of Experimental Jurisprudence as a New Branch of Social Science. By Fredrick K. Beutel.

Court Organization And Procedures To Meet The Needs Of Modern Society, David W. Peck

Indiana Law Journal

Addison C. Harris Lecture Series

General Principles Of Law, By Giorgio Del Vecchio, Paul Sayre

Indiana Law Journal

No abstract provided.

American Courts Face The Future, Bernard Botein

Cleveland State Law Review

Our system of justice can never be perfect, but lately its imperfections have seemed to loom larger and deeper than formerly. Change is the rule of life, and the fast-moving events of today underline the failure of our legal system to keep pace. The law should be deliberate and not commit itself to new patterns without full consideration-but deliberation is a far cry from stagnation, and when the world moves, the law must move. The Bar and the Bench are the custodians of the country's judicial system and because of their experience and expertise we would expect them to be …

Fire Insurance For Freedom, Clarence Emmett Manion

Journal Articles

Mr. President Betts, Mr. President-Elect, gentlemen of the International Association of Insurance Counsel and your lovely ladies: I am particularly grateful and edified to a very great extent by the intelligent interest of the advocates of the advocates—may I say that of your lovely wives—for their sustained interest in these legalisms that you have heard here this morning. It is very impressive, and it encourages me to say primarily to the ladies present that what I am ostensibly addressing to the gentlemen, I am really addressing to you. I know, of course, that you are defense lawyers primarily, and I …

The Present Position Of Jurisprudence In The United States, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Reason And Reality In Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Science, Research, And The Law: Beutel's "Experimental Jurisprudence", David F. Cavers

Journal of Legal Education

No abstract provided.

Foundations Of American Realism, Julius Paul

West Virginia Law Review

No abstract provided.

Civil Procedure On The American Frontier, William Wirt Blume

Michigan Law Review

The Treaty of Greenville (1795) by which Indian tribes of the Northwest Territory ceded to the United States the eastern and southern parts of the area which later became the state of Ohio, provided that certain small areas north and west of the treaty line should also be ceded.

Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann

Michigan Law Review

Interest here is concentrated on full faith and credit for public acts. But what led to insertion of the command respecting public acts cannot be divorced historically from the study of the command of full faith for judgments. The whole field, therefore, has been included in the reexamination. Clarifications obtainable on the "judgments" side, it will be seen, help also on the "public acts" side. On both sides there are historical facts which deserve greater attention than has been hitherto given, and if, as a result, some of the myths surrounding the' Lawyers Clause are exploded, the rethinking may have …

Res Ispa Loquitur: Indiana Origins, Uses, And Procedural Effects

Indiana Law Journal

No abstract provided.